6 Dec 2022
LEE v OCEANIA P&D LTD [2022] NZHC 3257
- Citation
- [2022] NZHC 3257
- Court
- High Court
The caveat was defective because it failed to particularise the estate or interest now relied upon (the caveat alleged security under term loan agreements dated 26 March and 5 April 2022, whereas the claimant relied on a bare trust based on different documents and verbal agreements); further the applicant failed to establish a reasonably arguable case of an express or implied bare trust (no intention to create a trust evident and statutory writing formalities for trusts of land not satisfied). Therefore the caveat must lapse.